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Survey, Search & Seizure Income Tax Act, 1961

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Recording of Statements – Some checks<br />

U/s 133A(3)(iii)<br />

<br />

<br />

<br />

<br />

As per latest circular of CBDT No. 286/2/03- IT (Inv) dt.<br />

10/3/03- no Confessional statement to be elicited.<br />

No provision under the Law to seek copy of statement<br />

from revenue at the time of recording the same, however<br />

in case of statement being used against assessee, he<br />

may ask for its copy by relying on principles of natural<br />

justice and equity.<br />

Other Provisions of CPC applicable, in case, the officers<br />

invoke section 131.<br />

Statement recorded during survey do not have any<br />

evidentiary value.<br />

Case : Commissioner of <strong>Income</strong>-tax Vs. S. Khader Khan Son [2008] 300<br />

ITR 157 (Mad.)<br />

17

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